APPROVED AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
ORDINANCE NO. ________________C.M.S.
EMERGENCY ORDINANCE APPROVING CONTROLLED EQUIPMENT
USE POLICIES FOR THE OAKLAND POLICE DEPARTMENT TO
ACQUIRE AND USE THE FOLLOWI NG TYPES OF “MILITARIZED”
EQUIPMENT IN CONFORMANCE WITH GOVERNMENT CODE
SECTION 7070 AND OAKLAND MUNICIPAL CODE CHAPTER 9.65:
(1) TRAINING BULLETIN V-F.2 (CHEMICAL AGENTS); AND
(2) TRAINING BULLETIN III-H (SPECIALTY IMPACT MUNITIONS)
WHEREAS, California Government Code Section 7070 (Government Code 7070) and Oakland Municipal Code Chapter 9.65 (Chapter 9.65) require that that the City Council authorize the Oakland Police Depa rtment’s (OPD) acquisition and use of “Controlled Equipment” or “Militarized” equi pment by approving Controlled E quipment Use Policies for such equipment, and
WHEREAS, additionally, Chapter 9.65 requires the Police Commission to review a Controlled Equipment Use Policy and a Controlled Equipment Impact Report for each form of Controlled Equipment to be considered by City Council for ap proval and to make a recommendation to City Council regarding whether the City Council should approve OPD’s acquisition and use of such Controlled Equipment; and
WHEREAS, in the fall of 2022, OPD presente d several Controlled Equipment Use Policies, including Training Bulle tin V-F.2 (Chemical Agents) a nd Training Bulletin III-H (Specialty Impact Munitions), for the Police Commission’s consi deration and feedback on proposed policy changes; and
WHEREAS, the Police Commission completed its deliberations on several Controlled Equipment Use Policies, including Training Bulletin V-F.2 (Chemical Agents) and Training Bulletin III-H (Specialty Impact Munitions), and r ecommended that City Council approve these policies; and
WHEREAS, at their January 17, 2023 meeting, City Council considered an ordinance to approve the recommendations of the Police Commissi on to approve several Controlled Equipment Use Policies, including Training Bulletin V-F.2 (Chemical Agents) and Training Bulletin III-H (Specialty Impact Munitions); and
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WHEREAS, at the January 17, 2023 meeting, the City Council adopted an ordinance approving several Controlled Equipment Use Policies but rejecte d approval of Training Bulletin V-F.2 (Chemical Agents) and Training Bulletin III-H (Specialty Impact Munitions); and
WHEREAS, following the January 17, 2023 City Council meeting, the Polic e Commission convened to consider additional changes to Training Bulletin V-F.2 (Chemical Agents) and Training Bulletin III-H (Specialty Impact Munitions ) based on City Council feedback and concerns; and
WHEREAS, upon completion of its post January 17, 2023 deliberations, the Police Commission has recommended that the City Council approve Traini ng Bulletin V-F.2 (Chemical Agents) and Training Bulletin III-H (Specialty Impact Munitions) as set forth in Exhibits F and D, respectively; and
WHEREAS, in regard to the Controlled (Militarized or Military) Equipment Use Policies specified above and pursuant to Government Code Section 7070, the Oakland City Council hereby finds and determines as follows:
(A) The proposed controlled, militarized, or military equipment is necessary because there is no reasonable alternative that can achieve the same objective of officer and civilian safety;
(B) The proposed controlled, militarized, or military equipment use policy will safeguard the public’s welfare, safety, civil rights, and civil liberties; (C) If purchasing the equipment, the equipment is reasonably cost effective compared to available alternatives that can achieve the same objective of officer and civilian safety; (D) Prior controlled, militarized, or military equipment use complied with the controlled or military equipment use policy that was in effect at the time, or if prior uses did not comply with the accompanying military equipment use policy, corrective action has been taken to remedy nonconforming uses and ensure future compliance; and WHEREAS, in regards to the Controlled (Militarized or Military) Equipment Use Policies specified above and pursuant to Oakland Municipal Code Chapter 9.65, the Oakland City Council hereby finds and determines that upon review of the applicable Controlled Equipment Impact reports and consideration of the recommendations of the Police Commission, the City's interest in community safety outweighs the potential adverse effects of using such controlled, militarized, or military equipment. and
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NOW, THEREFORE, THE CITY COUNCI L OF THE CITY OF OAKLAND DOES ORDAIN AS FOLLOWS:
SECTION
1. Recitals. The Oakland City Council hereby determines that he preceding recitals are true and correct and hereby adopts and incorporates them into this ordinance.
SECTION 2. Emergency Need.
In accordance with Section 213 of the Oakland City
Charter, the City Council finds and declares that adoption of this Emergency Ordinance is necessary for preserving the public peace, health and safety for the following reasons:
A. Training Bulletin V-F.2 (Chemical Agents) and Training Bulletin III-H (Specialty Impact Munitions) must be approved by a statutory deadline of March 30, 2023.
B. If these Controlled Equipment Use polices are not approved by such deadline, the Oakland Police Department (OPD) must stop use of the equipment in question until City Council approval occurs.
C. If there is such a lapse in approval to use this equipment, that poses a risk that OPD will not be able to use the equipment in situations where it is needed for de-escalation of dangerous situations.
SECTION 3. Approval of Controlled Equipment Use Policies Recom mended by the Police Commission. The following Controlled Equipment Use Policies as recommended by the Police Commission are approved for acquisition and use and included in the Exhibits for reference as indicated below:
(A) Training Bulletin III-H: Specialty Impact Munitions (Exhibit D); (B) Training Bulletin V-F.2: Chemical Agents (Exhibit F);
SECTION 4. Severability. If any section, subsection, sentence, clause or phrase of thi s Ordinance is for any reason held to be invalid or unconstitutio nal by decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of the Chapter. The City Council hereby declares that it would have p assed this Ordinance and each section, subsection, clause or phrase thereof irrespective of the fact that one or more other sections, subsections, clauses or phrases may be declared invalid or unconstitutional
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SECTION 5. Effective Date. This ordinance shall become effective immediately on final adoption if it receives six or more affirmative votes; otherwis e it shall become effective upon the seventh day after final adoption.
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES – FIFE, GALLO,
JENKINS, KALB, KAPLAN, RAMACHANDRAN, REID, AND
PRESIDENT FORTUNATO BAS
NOES –
ABSENT –
ABSTENTION –
ATTEST:
ASHA REED
City Clerk and Clerk of the Council of the
City of Oakland, California
D a t e o f A t t e s t a t i o n :
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2650157v8/ Attorney Initials - updated 12/28/2021
NOTICE AND DIGEST
EMERGENCY ORDINANCE APPROVING CONTROLLED EQUIPMENT
USE POLICIES FOR THE OAKLAND POLICE DEPARTMENT TO
ACQUIRE AND USE THE FOLLOWI NG TYPES OF “MILITARIZED”
EQUIPMENT IN CONFORMANCE WITH GOVERNMENT CODE
SECTION 7070 AND OAKLAND MUNICIPAL CODE CHAPTER 9.65:
(3) TRAINING BULLETIN V-F.2 (CHEMICAL AGENTS); AND
(4) TRAINING BULLETIN III-H (SPECIALTY IMPACT MUNITIONS)
State and City of Oakland (City) law require that certain types of equipment, deemed “militarized” or military equipment, be approved by the local governing body prior to being acquired and used by local law enforcement. This Emergency Ordinance approves two forms of such equipment as specified above in the title for this ordinance.